IrvingCC Agenda 2010-09-09

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    FINAL AGENDA

    MEETING OF THE IRVING CITY COUNCIL

    THURSDAY, SEPTEMBER 9, 2010

    COUNCIL CHAMBER - CIVIC CENTER COMPLEX

    825 WEST IRVING BOULEVARD

    IRVING, TEXAS

    City Council Agenda 09/9/2010 1

    ~

    11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, SEPTEMBER 8, 2010 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

    6:15 P.M. ------------------------------------------------------------------ Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

    7:00 P.M. ------------------------------------------------------------ Organizational Service Announcements

    Invocation

    Rev. John Fletcher, Oak Haven United Methodist Church

    Pledge Of Allegiance

    Proclamations And Announcements

    Announcements And Recognitions

    Public Hearing: Items 1 through 43

    THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

    ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

    This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

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    City Council Agenda 09/09/2010 2

    CITY COUNCIL AGENDA

    1 Public Hearing -- Public Input Hearing on the 2010-11 City of Irving FiscalYear Budget

    Administrative Comments

    1. This item supports Strategic Goal No.8: Sound Governance.

    2. Impact: This public hearing gives the Irving taxpayers an additional opportunity tocomment on next years budget.

    3. The Fiscal Year 2010-11 City Budget is scheduled to be adopted on September 23,2010.

    Recommendation

    Receive public input and council input regarding the FY2010-11 budget.

    2 City Operations Update

    CONSENT AGENDA3 Approving work session minutes for Wednesday, August 4, 2010

    4 Approving regular meeting minutes for Thursday, August 5, 2010

    5 Approving special meeting minutes for Thursday, August 19, 2010

    6 Approving special meeting minutes for Wednesday, August 25, 2010

    7 Resolution -- Authorizing Reimbursement Payment in the Amount of$196,388.15 to Hines Las Colinas Land Limited Partnership (Hines) forCapital Infrastructure Improvements Within the La Villita Development ofTax Increment Reinvestment Zone No. One

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development.

    2. Impact: Approval of this resolution will allow the TIF District to reimburse thedevelopers of the La Villita area of Las Colinas. The La Villita development hascurrent taxable value of approximately $290 million.

    3. The reimbursement agreement approved in 2002 totals $11,563,671.

    4. The 2010 developer reimbursement to Hines is $196,388.15. This represents thefinal payment to Hines for the La Villita Development.

    5. Funding in the amount of $3,900,000 is available in the TIF Fund.

    Recommendation

    The resolution be approved.

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    8 Resolution -- Authorizing Reimbursement Payment in the Amount of$877,608.48 to Hines Las Colinas Land Limited Partnership (Hines) forCapital Infrastructure Improvements Within the TIF District

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development.

    2. Impact: Approval of this resolution will allow for the TIF District to reimburse Hines

    for the Lakes of Las Colinas housing development. The taxable value of the LakesDevelopment is expected to exceed $240 million upon completion.

    3. The maximum amount of reimbursement is $5,151,511.00.

    4. The 2010 Developer reimbursement to Hines is $877,608.48. The remainingunpaid balance of the approved project costs totals $3,093,142.52.

    5. Funding in the amount of $3,900,000.00 is available in the TIF Fund.

    Recommendation

    The resolution be approved.

    9 Resolution -- Authorizing Reimbursement Payment in the Amount of$173,791.01 to LPC Northwest Phase I, LP (Lincoln) for CapitalInfrastructure Improvements Within the Lincoln at Las ColinasDevelopment of Tax Reinvestment Zone No. One

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development.2. Impact: Approval of this resolution will allow the TIF District to reimburse the

    developers of the Lincoln at Las Colinas multi-family project. The development hasa current taxable assessed value of over $50 million dollars.

    3. The maximum amount of reimbursement is $1,006,200.

    4. The maximum amount of reimbursement for work completed to date is $740,700.

    5. The 2010 developer reimbursement to Lincoln is $173,791.01. The remainingunpaid balance of the approved project costs totals $492,658.01.

    6. Funding in the amount of $3,900,000 is available in the TIF Fund.

    Recommendation

    The resolution be approved.

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    10 Resolution -- Authorizing Reimbursement Payment in the Amount of$201,801.01 to Las Colinas Land Limited Partnership (LCLLP) for CapitalInfrastructure Improvements Within the Tax Increment Reinvestment ZoneNo. One.

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development.

    2. Impact: Approval of this resolution will allow the TIF District to reimburse the LasColinas Land Limited Partnership (LCLLP) for construction of a section of the LakeCarolyn Promenade pertaining to the Mandalay on the Lake project.

    3. The maximum amount of reimbursement is $201,801.01.

    4. The 2010 developer reimbursement to LCLLP is $201,801.01.

    5. Funding in the amount of $3,900,000.00 is available in the TIF Fund

    Recommendation

    The resolution be approved.

    11 Resolution -- Authorizing Reimbursement Payment in the Amount of$2,450,411.34 to the City of Irving for Capital Infrastructure ImprovementsWithin PDU 1, PDU 2, PDU 3, and SS1 of the Tax Increment ReinvestmentZone No. One

    Administrative Comments

    1. This item supports Strategic Goal No. 3 : Economic Development.

    2. Impact: Approval of this resolution will allow the City of Irving to recover a portion ofthe capital costs it has incurred in the TIF District for capital infrastructure. Theseprojects have been essential in the development of the TIF District. Due to theCitys investment in the TIF infrastructure, various developments have been madepossible. Taxable values in the TIF District have increased approximately 82% overthe 1998 base values.

    3. The maximum amount of the reimbursement is $11,166,674.

    4. The 2010 reimbursement to the City of Irving is $2,450,411.34. The remainingunpaid balance of the approved project costs totals $6,969,298.91.

    5. Funding in the amount of $3,900,000.00 is available in the TIF Fund.

    Recommendation

    The resolution be approved.

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    12 Resolution -- Approving an Economic Incentive Agreement Between theCity of Irving and Health Management Systems, Inc.

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development.

    2. Impact: Approval of this agreement will allow the City to add approximately 350relocated and/or new jobs in the healthcare management field.

    3. HMS is currently located at 5615 Highpoint Drive. The company is consolidatingoperations and plans to relocate/create an additional 350 new jobs to Irving.

    4. The agreement provides a one-time $450 job credit for every full-time position over601 up to a maximum of 300 new or relocated full-time jobs. The 300 jobs must bemaintained for a 5-year period. The maximum one-time payout of this grant is$135,000.

    5. The agreement also provides a one-time job credit of $500 for a maximum of 50new or relocated employees that reside in the City of Irving. Residency must bemaintained for 3 continuous years before the grant is paid. The maximum one-timeamount of this grant is $25,000.

    6. HMS must own or occupy for a 10-year period at least 220,000 square feet, employat least 601 full-time jobs with an average annual salary of $61,000 before benefits,and provide proof of 650 City of Irving hotel room stays annually during the entire10-year term of the agreement in order to qualify for the job credits.

    7. The agreement also provides a 10-year 40% tax rebate on the incremental taxableassessed value of the business personal property owned by HMS. The increasemust be at least $2 million over the January 1, 2010 certified value and HMS mustemploy at least 750 full-time employees in order to receive the rebate. Theestimated annual benefit is $4,300 or $43,000 over 10- years.

    8. During the entire 10-year term of the tax rebate agreement, HMS must maintain

    ownership and/or occupy for 10 years at least 220,000 square feet, maintain anaverage annual salary of $61,000 before benefits for all full-time employees, andprovide proof of 650 City of Irving hotel room stays during the entire 10-year term ofthe agreement in order to qualify for the tax rebate. In addition, HMS is required tobecome an investor at the Partner Level in the Irving Economic DevelopmentPartnership. The Partner Level is a $3,000 annual commitment throughout theentire term of this agreement. Should HMS fail to meet these requirements,clawbacks will be initiated to recover any payments previously granted.

    9. HMS has an active abatement with the City. Approval of this agreement willsupersede the previously approved abatement.

    Recommendation

    The resolution be approved.

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    13 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for theUndergrounding of Overhead Electric Facilities for West Irving Library

    Administrative Comments

    1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,No. 3: Economic Development, and No. 9: Infrastructure.

    2. Impact: The undergrounding of electric facilities at the West Irving Library willprovide for a more reliable power source in inclement weather, and will enhancevisual appearance by eliminating pole clutter and the need for future tree trimming.

    3. This is part of Capital Improvement Programs (CIP) strategic plan to undergroundaerial utilities in front of all city owned facilities.

    4. CIP staff prepared the plans and supervised installing the conduit systems at a costsavings of 30% that Oncor will utilize in the removal of the poles.

    5. Funding in the amount of $158,181.44 is available in the Library Bond Fund.

    Recommendation

    The resolution be approved.

    14 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for Phase 1Undergrounding of Existing Aerial Utilities at Various Locations in LasColinas (Spur 348 Crossing)

    Administrative Comments

    1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,No. 3: Economic Development, and No. 9: Infrastructure.

    2. Impact: This project will provide for the undergrounding of existing aerial utilities atSpur 348 and SH 114 in Las Colinas and will provide a redundant electric servicefor the Convention Center site. This will improve the visual impression of the area,promote economic development and reduce the possibility of power outagescaused by inclement weather events.

    3. This is part of Capital Improvement Programs (CIP) strategic plan to undergroundaerial utilities in front of all city owned facilities.

    4. The Las Colinas Association (TLCA), our partner in utility undergrounding in the LasColinas area, will fund 35% of this agreement cost. TLCA will reimburse the city for

    their share of the project cost after the work is completed.5. Funding in the amount of $18,586.05 is available in the Non-Bond CIP Fund and

    $34,516.95 is available in the Street Improvement Bond Fund for the total amountof $53,103.00.

    Recommendation

    The resolution be approved.

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    15 Resolution -- Awarding a Contract to S.J. Louis Construction of Texas,LTD., for Delaware Creek Sanitary Sewer Interceptor Project

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure.

    2. Impact: This project will replace two sewer mains along Delaware Creek betweenSecond Street and Grauwyler Road that have met or exceeded their design life withone large main which will also provide additional needed capacity. This project willalso widen and upgrade Sowers Road between Rock Island Road and PioneerDrive, to a concrete curb and gutter road with sidewalk improvements on the eastside since the alignment of the new main will go under Sowers Road requiring itsreconstruction.

    3. This project was bid with a new contract bidding method called A+B bidding thatassigned a daily value to the amount of days bid by the contractor for bidevaluation. The contract award is based on the Base Bid (A) and the contractor willbe required to complete the contract in the number of days bid. Incentive pay forearly completion or liquidated damages assessed for failure to complete in time willbe $3,000.00 per calendar day. Six bidders submitted prices and the lowest A+B

    evaluated bidder also supplied the lowest base bid.4. S.J. Louis Construction of Texas, LTD. submitted the lowest and best bid of

    $5,866,540.06 with a project completion time of 332 calendar days. An additional$58,459.94 is required for testing and an additional $30,000.00 will be placed onreserve for potential incentive pay, bringing the total cost of the project to$5,955,000.00. This is $545,000.00 (8.4%) below the funding allocated for thisproject.

    5. Minority- and/or Women-owned Business (M/WBE) participation in this award is31%.

    6. Funding in the amount of $5,955,000.00 is available in the General Fund, the Storm

    Sewer Bond Fund, and the Sanitary Sewer Bond Fund.

    Recommendation

    The resolution be approved.

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    16 Resolution -- Awarding a Contract to Murphy Pipeline Contractors, Inc., for2009 Water Main Replacement Section II and Milner Road Sanitary SewerRehabilitation Project

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure.

    2. Impact: This project provides for the continued maintenance and improvement of

    the citys water and sewer system.3. This project will pipe burst (pipe relining process) and replace approximately 4,720

    linear feet of deteriorated water main and restore 730 linear feet of sanitary sewer.This will include replacement of services, valves, fire hydrants and a sewer manholealong the following streets:

    a. Milner Road from East Union Bower to East Grauwyler Road

    b. Mullins Street from Milner Road to Nursery Road

    c. Grosse Point from Milner Road to the end of the street

    d. Ross Drive from Milner Road to the end of the street

    e. Cartwright Street from North Story Road to William Brewster Drive

    4. The lowest responsible and responsive bidder was Murphy Pipeline Contractors,Inc., in the amount of $486,354.00. An additional $4,864.00 is needed for testing,bringing the total cost of the project to $491,218.00. This is $183,782.00 (27%)below the funding allocated for this project.

    5. Funding in the amount of $491,218.00 is available in the Sanitary Sewer Bond Fundand the Water Improvement Bond Fund.

    Recommendation

    The resolution be approved.

    17 Resolution -- Awarding a Contract to Insituform Technologies, Inc., for theTrenchless Rehabilitation of Two Water Mains

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure.

    2. Impact: This project will install a new pipe liner in two existing water mains whichwill allow the life cycle of the pipes to be extended without the need to replace thepipes through the open cut method. The open cut method of pipe replacementwould cause problems at both of these sites. This new method of using the pipe

    liner is less expensive therefore this project will save over $23,000.00.

    3. Capital Improvement Program staff requested a quote from InsituformTechnologies, Inc., to install a new trenchless pipe liner method for water mains foran 80 foot section of an 8-inch main cement fiber pipe under a levee at the newConvention Center site. Staff also requested a quote to install this new trenchlesspipe liner method for water mains for a 440 foot section of cast iron pipe under aconcrete alley that also contains a sewer main, a gas main, and grease traps at 808East Irving Boulevard.

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    4. Insituform Technologies, Inc. submitted a quote in the amount of $133,020.00 orapproximately $255.81 per linear foot. An additional $2,000.00 is required fortesting and an additional $10,000.00 will be placed on reserve for contingency,bringing the total cost of the project to $145,020.00.

    5. Traditional open cut methods are not allowed at the Convention Center site since itis under a levee, nor would a new main be allowed to be bored through the base ofthe levee. Traditional open cut methods in the utility easement at the 808 EastIrving Boulevard location would cost almost $300.00 per linear foot as it wouldrequire the removal and replacement of a sewer main that is in good conditionwithin the alley, and the removal and replacement of the 13 foot wide private alley.

    6. This new trenchless method is a State of Texas Buy Board purchase per theattached proposal.

    7. Funding in the amount of $145,020.00 is available in the Water Improvement BondFund.

    Recommendation

    The resolution be approved.

    18 Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family Residence Located at 206 Larry Drive - Rodrigo and Yolanda Ortiz,Property Owners

    Administrative Comments

    1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments.

    2. Impact: Acquisition of this property will provide flexibility to accommodate municipalpurposes.

    3. The 2008, 2009 and 2010 tax assessed value of the property is $75,380.00,$67,700.00, and $67,700.00, respectively. The property owner has agreed to sellthe property for $113,000.00, plus reimbursement of relocation costs not to exceed$11,350.00, and plus closing costs not to exceed $6,000.00.

    4. Funding in the amount of $130,350.00 is available in the current budget.

    Recommendation

    The resolution be approved.

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    19 Resolution -- Approving an Add Space and Lease Renewal Amendmentwith the State of Texas (Texas Department of Human Services) to Lease anAdditional 3,585 Square Feet and Extend the Existing Lease for anAdditional Five Years for Offices Located in the Citys Human ServicesBuilding Located at 440 South Nursery Road

    Administrative Comments

    1. This item supports Strategic Goal No. 8: Sound Governance.

    2. Impact: Expanding the States lease to include the entire second floor of thebuilding will provide added income of $25,271.28 per year while utilizing previouslyvacant office space.

    3. The State has occupied space on the second floor of the Citys Human ServicesBuilding located at 440 S. Nursery Road since 1992. The State has requested toexpand its operations to occupy the entire second floor of the Human ServicesBuilding. The State will provide tenant finish out in an amount not to exceed$30,000.00. The State has asked to extend its lease an additional 5 years torecoup their tenant finish-out costs. The existing lease expires December 31,2012. The lease renewal amendment will extend the lease to December 31, 2017.

    4. The State currently pays $69,517.68 annually, plus utilities. The request is to addan additional 3,585 square feet to take in the entire second floor of the building,bringing the total lease space to 13,446 square feet at an initial annual rental rateof $94,788.96 annually, an increase of $25,271.28. The lease includes a CPIadjustment clause beginning at the 2012 lease year.

    Recommendation

    The resolution be approved.

    20 Resolution -- Approving an Agreement Between the City of Irving andTrinity River Authority to Provide Water and Wastewater LaboratoryAnalysis Services to Meet Federal and State Standards for the City ofIrving, Texas

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure Network.

    2. Impact: This contract benefits the City of Irving residents by performing laboratoryanalysis of the Citys water and wastewater to verify that it meets and exceeds stateand federal standards.

    3. The City is required by federal and state law to routinely sample and performlaboratory analysis of the water and wastewater generated within the City. TheTrinity River Authority (TRA) has one of the few laboratories in our area certified bythe state to perform our required tests.

    4. TRA has provided excellent service to Irving and many other cities for over 20years. TRA is conveniently located in Grand Prairie, which minimizes our staff timerequired for daily deliveries. They also test and provide results quickly and will workweekends, as needed, to meet the Citys needs.

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    5. Funding in the amount of $216,000.00 is available in the Water and Sewer SystemFund and $54,000.00 is available in the Municipal Drainage Utility Fund.

    Recommendation

    The resolution be approved.

    21 Resolution -- Authorizing Staff to Negotiate an Engineering ServicesAgreement with Deltatek Engineering for Services Associated with theRehabilitation of Tank No. 4 at the Hackberry Pump Station and theNorthwest Elevated Storage Tank

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure Network.

    2. Impact: This authorization allows us to negotiate an agreement for engineeringservices required to rehabilitate Tank No. 4 at the Hackberry Pump Station and the

    Northwest Elevated Tank.3. This authorization is the first of a two step process. Staff will bring an Engineering

    Services Agreement to Council for approval at a future meeting.

    4. City staff administered a Request for Qualifications, RFQ # 160M-10F, to select anengineering firm for these services. Six RFQ Responses were received andreviewed by staff.

    5. The RFQ Response submitted by Deltatek Engineering best meets the criteriaestablished in the RFQ. The team put together by Deltatek Engineering has a greatdeal of experience executing projects similar to this one, including previous projectshere in Irving.

    6. Tank No. 4 at the Hackberry Pump Station was constructed in 1993. An inspectionreport completed earlier this year indicated that there is corrosion occurring withinthe tank and that the interior of the tank needs to be repainted. The report alsonoted that a structural repair needs to be made to the bracing that attaches the tankinlet pipe to the tank wall. The exterior of the Northwest Elevated Tank was lastpainted in 1987 and the coating is starting to fail and needs to be repainted. Theseprojects are vital to the operations of Water Utilities in extending the life of thesetanks.

    Recommendation

    The resolution be approved.

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    22 Resolution -- Approving and Accepting the Bid of AUI Contractors, LLC forthe Improvements to the Hackberry Pump Station

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure Network.

    2. Impact: This project will increase the water distribution pumping capacity fornorthwest Irving. An additional pump is needed to stay ahead of ongoing growthand ensure pumping reliability.

    3. AUI Contractors, LLC was the lowest responsive bidder with a bid of $400,000.00,which is 20% under budget.

    4. This project includes the installation of a 5 million gallon per day (mgd) pump at theHackberry Pump Station. This additional pump was recommended in the 2007Update to the Water Distribution Master Plan.

    5. The project also includes an adjustable frequency drive to maintain the highestpossible energy efficiency and minimize power cost.

    6. AUI Contractors, LLC is using one certified Minority and/or Women-owned BusinessEnterprise (M/WBE) as a sub-contractor for 36.3% of the services.

    7. Funding in the amount of $400,000.00 is available in the Water and Sewer BondImprovement Fund.

    Recommendation

    The resolution be approved.

    23 Resolution -- Approving Change Order No. 4 to Eagle Contracting, L.P. forthe MacArthur Pump Station

    Administrative Comments

    1. This item supports Strategic Goal No. 9: Infrastructure Network.

    2. Impact: This change order provides for additional required work at the MacArthurPump Station. Contingency funding will be used and the project is still within theoriginal budget.

    3. The major items on this change order include asbestos abatement required prior todemolition of the existing pump station, relocation of the fire alarm panel, structuralmodifications to the building, rental of a portable generator to test the portable

    generator connection cabinets, and modifications to the driveway approach.

    4. Additional items include a credit for the electrical power to the new sump at theHackberry Pump Station, modifications to the sanitary sewer, and fire lane stripingand handicap signage.

    5. The total amount of the change order is $40,481.37, which will be charged to theexisting contingency fund. After this change order, the contingency fund will havean available balance of $146,123.36.

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    6. An additional 29 calendar days was added to bring the substantial completion dateto November 12, 2010 and the final completion date to December 12, 2010 toaccount for the additional work.

    Recommendation

    The resolution be approved.

    24 Resolution -- Approving and Accepting the Proposal of Verizon BusinessNetwork Services Inc., on Behalf of Verizon Select Services Inc., for theTechnology Infrastructure for the Irving Convention Center

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development; 3.9 CoordinateDevelopment of the Regional Activity District and Entertainment Center.

    2. Impact: The technology infrastructure is a critical component of the new Convention

    Center that will impact the city residents by promoting the City, which will generateadditional visitor spending in Irving.

    3. To date, six solicitations have been processed awarded for the Furniture, Fixtures,and Equipment (FF&E) items for the Irving Convention Center (ICC). Therecommendation has been prepared by a team made up of representatives from:the facility operator, SMG; the ICVB staff; the owners representative, the BeckGroup; the Citys IT staff; and the projects technology consultant, and is basedupon the selection method and evaluation criteria detailed in the RFP.

    4. The technology infrastructure includes the following components: wired network;wireless network; network/IT security; phone system; network management,

    documentation and recommended training; and sponsorship considerations.5. The Verizon proposal sponsorship component includes all of the AVAYA equipment

    for the wireless infrastructure valued at over $90,000.00 (MLP).

    6. The technology infrastructure supports not only the staff operations of the ICVB andthe ICC, but also the customer uses and requirements that will vary with eachdifferent users rental of the facility.

    7. Funding in the amount of $514,565.97 is available in the Convention CenterConstruction Fund and ICVB General Fund.

    8. The cost for the Wireless Network Infrastructure (Component 2) is a budgetaryamount and is subject to change upon completion of the site survey (estimated at

    an additional $1,500.00 to $2,000.00 maximum).

    Recommendation

    The resolution be approved.

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    25 Resolution -- Approving and Accepting the Bids of Olmsted-KirkEquipment & Supply; Pollock Paper Distributors; Tennant Sales & ServiceCompany; and Unisource Worldwide Inc., for Housekeeping Equipment forthe Irving Convention Center

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development; 3.9 CoordinateDevelopment of the Regional Activity District and Entertainment Center.

    2. Impact: Housekeeping Equipment is needed for the new Convention Center thatwill impact the city residents by promoting the City, which will generate additionalvisitor spending in Irving.

    3. To date six solicitations have been processed and awarded for the Furniture,Fixtures, and Equipment (FF&E) items for the Irving Convention Center. Thisrecommendation has been prepared by the facility operator, SMG, based upon theselection method and evaluation criteria detailed in the ITB (see attached).

    4. SMG developed a detailed list of all of the FF&E items including estimated costsand is overseeing the purchasing process in cooperation with the City of IrvingPurchasing Office. Funding for FF&E is part of the overall project budget and thisaward is within the estimated cost.

    5. Items included in this award are: carpet blowers, carpet spot extractors, poly tilttrucks, pressure washers, flat surface cleaners, sweepers, trash receptacles, andvacuums.

    6. Funding in the amount of $96,139.42 is available in the Convention Center Fund.

    Vendor Item Nos. Award

    Olmsted-Kirk Equipment & Supply 7 $ 968.18Pollock Paper Distributors 9,10,11,17,18,19,20 $42,563.00

    21,22,23,24,25,26

    Tennant Sales & Service Company 3,5,6,14,15,16,27,31,32 $51,880.85Unisource Worldwide Inc. 2,4,29 $ 727.39No Award item no longer needed 8No bids received 1,12,13,28,30

    Recommendation

    The resolution be approved.

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    26 Resolution -- Approving and Accepting the Bid of H & E EquipmentServices for a 60-Foot Boom Lift for the Irving Convention Center

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development; 3.9 CoordinateDevelopment of the Regional Activity District and Entertainment Center.

    2. Impact: A 60-foot boom lift is needed for the new Convention Center that willimpact the city residents by promoting the City, which will generate additional visitorspending in Irving.

    3. To date six solicitations have been processed and awarded for the Furniture,Fixtures, and Equipment (FF&E) items for the Irving Convention Center. Thisrecommendation has been prepared by the facility operator, SMG, based upon theselection method and evaluation criteria detailed in the ITB (see attachedspreadsheet).

    4. SMG developed a detailed list of all of the FF&E items including estimated costsand is overseeing the purchasing process in cooperation with the City of IrvingPurchasing Office. Funding for FF&E is part of the overall project budget and thisaward is within the estimated cost.

    5. The boom lift is an integral part of the routine day-to-day operations of the buildingparticularly in the exhibit hall, i.e., access to rigging points and power in exhibit hallceiling and for exterior window cleaning.

    6. Funding in the amount of $69,180.00 is available in the Convention Center BondFund.

    Recommendation

    The resolution be approved.

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    27 Resolution -- Award of Homelessness Prevention and Rapid Re-HousingProgam - State Subrecipient Contract to Legal Aid of Northwest Texas

    Administrative Comments

    1. This item supports Strategic Goal No. 2: Vital, vibrant neighborhoods.

    2. Impact: This allocation provides legal services to Irvings most vulnerablepopulation.

    3. Acceptance of the Homelessness Prevention and Rapid Re-housing Program(HPRP) grant from the Texas Department of Housing and Community Affairs(TDHCA) was approved on August 5, 2009 (Res-2009-336) in the amount of$1,000,000.00.

    4. As part of the application to TDHCA, $60,000.00 was set aside for legal services.This allocation was derived using an average of 3 hours per client, $100.00 perhour, to allow for the assistance of 200 HPRP clients.

    5. Legal Aid of Northwest Texas currently administers two legal services grants for

    Irving residents: $26,000.00 in Community Development Block Grant funds and$8,500 in Homelessness Prevention and Rapid Re-housing Program Federalgrant funds. Legal Aid of Northwest Texas provides legal counseling for programclients including assistance with evictions, foreclosure, tenant rights, and otherrelated legal issues.

    6. This action formalizes the allocation to allow Legal Aid of Northwest Texas toreceive payment for services rendered to clients associated with the State HPRPgrant.

    7. The Housing and Human Services Board recommended approval of the allocationof State HPRP funds to Legal Aid of Northwest Texas at its August 18, 2010meeting.

    8. Funding in the amount of $60,000.00 is available in the Homelessness Preventionand Rapid Re-housing Program State Fund.

    Recommendation

    The resolution be approved.

    28 Resolution -- Approval of the Irving Arts Centers Founders Fund FinancialAssistance Program Grant Agreement

    Administrative Comments

    1. This item supports Strategic Goal No. 7: Promote Excellence in Irvings Cultural,Recreational, and Educational Environments.

    2. Impact: This agreement formalizes the grant award with a contract between theCity and the Irving Arts Center Founding Organizations.

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/09/2010 17

    29 Resolution -- Approving Amendments to the The Irving Arts CentersOperational Policies, Food and Beverage Section, and Approving the IACCatering Agreement to be Used by Caterers who Want to be Included on aPreferred Catering List.

    Administrative Comments

    1. This item supports Strategic Goal No. 7: Promote Excellence in Irvings Cultural,Recreational, and Educational Environments.

    2. Impact: The proposed amendments will minimize the Citys exposure to riskthrough adoption of professional food and beverage service standards.

    (Approved as proposed by COI Risk Management, City Attorney, and HealthDivision-Code Enforcement)

    - Increase efficiency by reducing staff prep time for events

    - Add additional revenue stream for IAC (estimated at 5-8% increase overcurrent years room rental income)

    3. After extensive due diligence, benchmarking other facilities, and input from clientsand a task force of Arts Board members, the full Arts Board unanimouslyrecommends these changes to the City Council for their review and consideration.

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/09/2010 18

    Bids and Purchasing ItemsItems 30 35

    30 Resolution -- Approving Purchase Utilizing Grant Funds from SmithsDetection for Haz-Mat Equipment for the Irving Fire Department through

    General Services Administration (GSA) ProgramAdministrative Comments

    1. This item supports Strategic Goal No. 4: Safe and Secure City.

    2. This item has been recommended by Police.

    3. Impact: The purchase of this specialized equipment enhances the Citys Haz-Matcapabilities by providing the ability to detect various hazardous agents.

    4. The City received a Metropolitan Medical Response System grant to enhance theCitys Haz-Mat capabilities.

    4. Funding in the net amount of $66,820.72 is available in the Metropolitan Medical

    Response System Grant Fund.

    Recommendation

    The resolution be approved.

    31 Resolution -- Approving the Single Source Purchase from Physio-Control,Inc., for LifePak 15 Defibrillator Units

    Administrative Comments

    1. This item supports Strategic Goal No. 4: Safe and Secure City.

    2. This item has been recommended by Fire.

    3. Impact: The City will continue to ensure that quality medical service is beingprovided for Irving residents.

    4. The Irving Fire Departments extra ambulances are utilized by truck companieswhen medical calls put a stress on our EMS system, better know as Ambulance

    Overloads. The purchase of these monitors/defibrillator units will allow the extraambulances the capability to administer and monitor advanced life support whenresponding to emergencies.

    5. Funding in the net amount of $91,489.60 is available in the General Fund.

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/09/2010 19

    32 Resolution -- Renewing Annual Agreement with The University of TexasSouthwestern Medical Center at Dallas for Continuing Education Servicesfor Emergency Medical Technicians (EMTs) and Paramedics

    Administrative Comments

    1. This item supports Strategic Goal No. 4: Safe and Secure City.2. This item has been recommended by Fire.

    3. Impact: These services ensure that all Irving Fire Department EMTs andparamedics have the training hours required to meet State Certification.

    4. This renewal establishes the continuation of an annual contract to providecontinuing education hours and training as defined by the Biotel EMS System andUT Southwestern Medical Program.

    5. Funding in the net estimated amount of $97,541.00 for the period of October 1,2010, through September 30, 2011, is available in the General Fund.

    RecommendationThe resolution be approved.

    33 Resolution -- Renewing an Interlocal Agreement with Dallas County Healthand Human Services for Control of Communicable Disease Services

    Administrative Comments

    1. This item supports Strategic Goal No. 4: Safe and Secure City.

    2. This item has been recommended by Fire.

    3. Impact: Providing free preventive health services promotes a healthier lifestyle andimproved quality of life for Irving residents.

    4. This renewal establishes the continuation of an annual contract to provide control ofcommunicable disease services. This contract includes services for tuberculosiscontrol, sexually transmitted diseases, laboratory tests, immunizations, and well-baby exams.

    5. As part of the contract, the City provides space at 440 N. Nursery Road for clinical

    operations for this program, in which approximately 16,771 residents receivedservices in 2009. In addition to the amount awarded to Dallas County, the leasedspace is valued at $22,912.50 annually and the actual utility cost for the previous 12month period was $7,611.00.

    6. Funding in the net estimated amount of $81,906.00 for the period of October 1,2010, through September 30, 2011, is available in the General Fund.

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/09/2010 20

    34 Resolution -- Renewing Annual Contract with The University of TexasSouthwestern Medical Center at Dallas for Medical Direction and QualityAssurance Services for Emergency Medical Technicians (EMTs) andParamedics

    Administrative Comments

    1. This item supports Strategic Goal No. 4: Safe and Secure City.

    2. This item has been recommended by Fire.3. Impact: By operating under the medical license and guidance of a qualified

    physician, the paramedics of the Irving Fire Department can provide the highestlevel of quality patient care for the community. The use of a quality assuranceprogram provides the necessary feedback to meet this important goal.

    4. This award establishes an annual contract for the continuation of providing medicaldirection and quality assurance services required for the Fire Department to complywith Texas Department of Health EMS recertification rules. These services are forall paramedics and EMTs authorized for clinical performance in the UTSouthwestern Medical Program and the BioTel EMS system.

    5. Funding in the net amount of $5,293.14 for the period of October 1, 2010, throughSeptember 30, 2011, is available in the General Fund.

    Recommendation

    The resolution be approved.

    35 Resolution -- Renewing Annual Contract with Dyna Pak Corporation forPolyethylene Refuse and Recycling Bags

    Administrative Comments

    1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.

    2. This item has been recommended by Solid Waste Services.

    3. Impact: Refuse and recycling bags provide residents with a convenient andinexpensive way to dispose of household garbage and recyclables.

    4. This renewal establishes the continuation of an annual contract to provide refuseand recycling bags which are sold to City residents at cost plus sales tax for outdoorpickup of refuse. There will be no additional cost to residents purchasing bags fromthe City. The original contract was awarded on the basis of competitive bids.

    5. Funding in the net estimated amount of $166,350.00 for the period of October 1,2010, through September 30, 2011, is available in the Inventory Fund.

    Recommendation

    The resolution be approved.

    End of Bids

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    City Council Agenda 09/09/2010 21

    36 Ordinance -- Amending Chapter 24 Entitled "Offenses - Miscellaneous" ofthe Code of Civil and Criminal Ordinances of the City of Irving AddingArticle VIII. Illegal Smoking Products to Prohibit the Use, Purchase,Possession, and Sale of Illegal Smoking Products Containing CertainPlant, Plant Products or Derivatives, Chemical Compounds Applied toPlants, and Plant Products and Their Derivative or Other Substances, andIngestion Devices Used in Connection with the Illegal Smoking Products

    Administrative Comments

    1. This item supports Strategic Goal No. 4: Safe and Secure City.

    2. Impact: This ordinance will prohibit the sale, use and transfer of certain dangerouscompounds that are being sold for human consumption in the City of Irving.

    3. Several substances created to mimic the effects of marijuana, which are nototherwise prohibited, are being sold and possessed in the City of Irving.

    4. This ordinance will identify these substances and prohibit the sale, possession ortransfer of these substances, in order to protect the public from adverse healtheffects of these drugs.

    Recommendation

    The ordinance be adopted.

    37 Ordinance -- First Reading - Amending Chapter 52 Entitled Water andSewer Rates of the Code of Civil and Criminal Ordinances of the City of

    Irving, Texas, Providing for New Monthly Water and Sewer RatesAdministrative Comments

    1. This item supports Strategic Goal No. 8: Sound Governance.

    2. Impact: Revenue projections under current rates are not sufficient to meetdebt coverage requirement goals. In order to provide for the operationalneeds of the water and sewer system and meet commitments made to ratingagencies, staff recommends a 5.1% adjustment to both water and sewer rates.

    3. A cost of service study is prepared annually to ensure that funding is available to

    meet the cash flow needs of the Water and Sewer System Fund and associated

    funds and produce the required bond coverage factor to allow for the issuance ofadditional bonds and maintain current bond ratings.

    4. A fee of $2.25 is recommended to cover the cost of service for the providing

    duplicate municipal services bill statements.

    Recommendation

    The ordinance be adopted.

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    38 Ordinance -- First Reading - Approving an Agreement Between the AtmosCities Steering Committee and Atmos Energy Corp., Mid-Tex DivisionRegarding the Companys Rate Review Mechanism Filing, Steel PipelineReplacement Program, and Continuation of the Rate Review Mechanism

    Administrative Comments

    1. This item supports Strategic Goal No. 8: Sound Governance.

    2. Impact: Approval of the ordinance will implement a negotiated settlement withAtmos Energy Corp.

    3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached asettlement addressing the Company's third Rate Review Mechanism (RRM) filing.

    4. After review of the ACSC settlement team, it was determined that the evidencesupported a $27 million increase over current rates, and not the $70.2 millionproposed by the Company.

    5. The outcome of this settlement is equal to or better than the outcome expected froma lengthy contested case proceeding, and maintains cities' role as a regulator ofnatural gas rates.

    6. Ordinance approval also includes an additional authorized $3.4 million forreplacement costs of steel pipelines throughout the Atmos service area.

    7. The monthly bill impact for the average residential customer will be a $1.40increase (about a 3.15% increase in the total bill).

    8. Approval of the ordinance would continue the RRM process for another two years.

    Recommendation

    The ordinance be adopted.

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    ZONING CASES AND COMPANION ITEMS

    39 Resolution -- Approving Special Sign Permit Case No. S1007-0074 to AllowTwo Digital Signs at 7660 N. MacArthur Boulevard - North Dallas Bank &Trust Co., Applicant/Owner

    Administrative Comments

    1. This item supports Strategic Goal No. 1: Land Use.

    2. Impact: This special sign permit would enhance the visibility of an establishedbusiness wishing to replace a pole sign with new signage due to the growth of treesand other landscaping on the site.

    3. North Dallas Bank & Trust Company is wishing to remove an existing pole sign atthe southern end of the property along North MacArthur Blvd. They seek approvalto install a digital sign at the southern entrance and an additional digital sign at thecorner of North MacArthur and Las Colinas Blvd.

    4. The applicant is concerned that the banks ability to inform the community about

    their goods and services will be challenged due to the growth of the existing treesand other landscaping.

    5. The proposed monument signs are 7 feet tall, with a 2.4 X 11.2 (26.88 sq. ft.)electronic message sign, and will be set back approximately 8 feet from theproperty line on North MacArthur Blvd. and 12 feet from the property line at NorthMacArthur and Las Colinas Blvd. The sign cabinets will utilize an architecturallyfinished aluminum cabinet painted to match the building. Overall, the cabinetsdesign complements the architecture of the main building.

    6. The digital component meets all city requirements concerning brightness, frequencyof message change, and other issues. The digital component is a monochromaticmessage board and does not display full color or video images.

    7. The proposed digital signs and their locations do not create a traffic visibility issueand will not adversely affect the surrounding properties.

    8. The sign design review committee has reviewed this request and recommendsapproval.

    Recommendation

    The resolution be approved.

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    40 Ordinance -- Zoning Case #ZC10-0030 - Granting S-P-2 (Generalized SitePlan) for R-7.5 (Single Family) District Uses - Approximately 1.644 AcresLocated at 1412 East Union Bower Road - JDJR Engineers andConsultants, Inc., Applicant - Carole Bogart, Owner

    Administrative Comments

    1. This item supports Strategic Goal No. 1: Land Use.

    2. Planning and Zoning Commission Hearing Date and Recommendation:August 2, 2010 - Favorable 5-2 with the stipulation that the site plan be correctedper the staff recommendation (Commissioners Allen and Fischer, nay;Commissioners Palmer and LaRose, absent).

    3. The applicant is requesting to rezone the property to redevelop the site with six (6)new single family homes.

    4. The Comprehensive Plan recommends Low Density Residential uses for thisproperty. This request is in conformance it the Comprehensive Plan.

    5. The property is currently developed with a single family home. The applicant isseeking to redevelop the property with six (6) new single family homes.

    6. This property is currently zoned R-7.5 which would typically allow 7500 sq. ft. lots.Prior to last year, this property could have been platted as proposed by theapplicant without the need for a public hearing. However, in September 2009 theCity Council approved the neighborhood protection ordinance, an amendment tothe Subdivision Ordinance that requires rezoning whenever a plat or replat forsingle family uses proposes to create lots that are less than 80% of the area of theadjacent developed lots or tracts. This provides an opportunity for neighborhoodinput and City Council discretion when these infill development opportunities occur.

    7. The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059square feet, with an average lot size of 10,154 sq. ft. The surrounding lots and

    tracts range from 9,900 to 38,715 square feet. Since the average proposed lot sizeis less than 80% of the average lot size of the existing adjacent lots as defined bythe ordinance, rezoning is required prior to platting the property.

    8. The notes on the site plan require the following standards:

    The minimum house size shall be 2,200 square feet, which is consistent with theaverage home size of the surrounding lots;

    Exterior facades, excluding windows and doors, shall be a minimum of 80%masonry;

    A minimum two (2) car garage with a minimum of 400 square feet will berequired for each residence. A minimum of 2 additional off-street parking spaces

    shall be provided behind the front property line; A minimum of 50% of the required front and side yard areas adjacent to any

    street shall be covered with grass, ground cover or other natural vegetation; Maximum lot coverage by buildings, driveways and parking shall be 60%; Minimum roof pitch shall be 5:12; and A minimum of one (1) four inch caliper tree shall be provided in the front yard of

    each lot. Should there be an existing tree (4 caliper or larger) that remains inthe front yard, no new tree will be required.

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    9. Platting is required prior to development.

    10. Since the proposed lot sizes are consistent with the sizes of the surrounding plattedlots, and the proposed minimum house size is consistent with the average size ofhomes in the surrounding area, staff can support this request.

    11. The stipulation of the Commission has been met.

    12. Public notices were sent to thirty-nine (39) property owners, with 11 letters and apetition with 19 signatures in support, and 111 letters and 2 emails in oppositionreceived. The opposition represents 57.12% of the property within 200 feet. A vote of the City Council is required for this case to be approved.

    Recommendation

    The ordinance be adopted per the recommendation of the Planning and ZoningCommission.

    APPOINTMENTS AND REPORTS41 Resolution -- Appointment to the Convention Center Community Opening

    Events Task Force

    Administrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development and Goal 6:Effective Communication.

    2. Impact: This committees work with the ICVB Board of Directors will assurecommunity outreach relative to the opening of the Irving Convention Center byextending the resources of the ICVB Board and staff during this time.

    3. On April 1, the City Council appointed seven members to the Task Force which willfocus on the following: Convention Center Community Outreach, Community-Oriented Grand Opening Events and Volunteer Opportunities.

    4. This item appoints an additional member to this Task Force.

    5. The term of these appointments will conclude no later than March 31, 2011.

    Recommendation

    The resolution be approved.

    42 Mayors Report

    43 Adjournment

    Citizens Forum

    Citizens are invited to speak for three (3) minutes on matters relating to Citygovernment and on items not listed on the regular agenda.